UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

UNITED STATES OF AMERICA

No. 15 CR 189
v.
Judge Amy J. St. Eve
GREGORY SALVI

PLEA AGREEMENT

1. This Plea Agreement between the Acting United States Attorney for the

Northern District of Illinois, JOEL R. LEVIN, defendant GREGORY SALVI, and his

attorney, MARK SUTTER, is made pursuant to Federal Rule of Criminal Procedure

11. The parties to this Agreement have agreed upon the following:

Charges in This Case

2. The superseding information in this case charges defendant with

attempted possession with intent to distribute 500 grams of cocaine, in violation of

21 U.S.C. 846 (Count One), and carrying a firearm during and in relation to a drug

trafficking crime, in violation of 18 U.S.C. 924(c) (Count Two).

3. Defendant has read the charges against him contained in the

superseding information, and those charges have been fully explained to him by his

attorney.

4. Defendant fully understands the nature and elements of the crimes with

which he has been charged.

 Charges to Which Defendant Is Pleading Guilty

5. By this Plea Agreement, defendant agrees to enter a voluntary plea of

guilty to Counts One and Two of the superseding information. In addition, as further

provided below, defendant agrees to the entry of forfeiture judgments.

Factual Basis

6. Defendant will plead guilty because he is in fact guilty of the charges

contained in Counts One and Two of the superseding information. In pleading guilty,

defendant admits the following facts and that those facts establish his guilt beyond a

reasonable doubt and constitute relevant conduct pursuant to Guideline 1B1.3, and

establish a basis for forfeiture of the property described elsewhere in this Plea

Agreement:

On or about April 9, 2015, at Hanover Park, in the Northern District of Illinois,

Eastern Division, defendant did attempt to knowingly and intentionally possess with

intent to distribute a controlled substance, namely, 500 grams or more of a mixture

and substance containing a detectable amount of cocaine, a Schedule II Controlled

Substance.

Also on or about April 9, 2015, at Hanover Park in the Northern District of

Illinois, Eastern Division, defendant did carry a firearm, namely, a loaded Glock .45

caliber handgun bearing serial number VD308, during and in relation to a drug

trafficking crime for which defendant may be prosecuted in a court of the United

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States, namely, attempted possession with intent to distribute cocaine, as charged in

Count 1 of the superseding information.

Specifically, in or about the spring of 2014, members of the Melrose Park Police

Department (MPPD) seized approximately one kilogram of cocaine during an

investigation. Defendant, who at all times relevant to the offense and relevant

conduct was employed as a Detective for the MPPD, obtained that kilogram of

cocaine, which he knew to have been removed from MPPDs evidence room without

authorization and without disclosing to the MPPD that he planned to distribute the

cocaine and share in the proceeds of the sale.

In or about May 2014, defendant showed that stolen kilogram of cocaine to

Individual A and a person who, unbeknownst to defendant, was cooperating with law

enforcement (CS-1). Defendant offered to sell the stolen kilogram of cocaine to CS-1.

During the summer of 2014, defendant instead distributed the stolen kilogram of

cocaine to Individual B, who paid defendant cash for the kilogram of cocaine.

Continuing in or about the fall of 2014, defendant offered to sell CS-1 and

another individual who, unbeknownst to defendant, was cooperating with law

enforcement (CS-2) narcotics in evidence at the MPPD. Defendant, without

authorization, obtained numerous baggies containing mixtures and substances

containing detectable amounts of heroin and cocaine, which had been stolen from the

MPPDs evidence room, and which defendant planned to distribute to CS-1 and CS-2

in exchange for U.S. currency.

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 On or about November 30, 2014, defendant distributed to CS-1 and CS-2 a box

containing narcotics stolen from MPPDs evidence room, which consisted of 23

baggies containing a total of approximately 2.4 grams of heroin, and a bag containing

approximately 206.8 grams of baking soda and which had a consistency and

appearance consistent with cocaine. Approximately one week later, defendant

received $500 from CS-1 and CS-2 as payment for the narcotics.

On or about December 13, 2014, defendant distributed to CS-1 and CS-2 a box

containing narcotics stolen from MPPDs evidence room, which consisted of a bag

containing one gram of cocaine, 16 bags containing a total of three grams of cocaine,

and thirteen bags containing a total of 1.3 grams of heroin. Approximately one week

later, defendant received $300 from CS-1 and CS-2 as payment for the narcotics.

Beginning on or about February 25, 2015, defendant offered to transport

kilogram quantities of cocaine for CS-1 and CS-2. Defendant planned to use his

position as a law enforcement officer in order to disguise the transportation of

narcotics for CS-1 and CS-2. On February 26, 2015, during an in-person meeting with

CS-1, defendant discussed his offer to transport kilogram quantities of cocaine.

Among other things, defendant said, I mean, Ill drove fuckin, Ill work that night,

meet you here with the fuckin police car, and Ill bring it right downtown, just give

me a spot where we pull right in, you can even put somebody in the car with me, I

dont give a fuck if you think Im gonna bail on ya, Im not gonna do that.

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 On or about March 24, 2015, defendant met with CS-1 to discuss the planned

transportation of narcotics. Defendant agreed to be paid approximately $2,000 to

transport kilogram quantities of cocaine for CS-1. Defendant stated that he wanted

to transport the cocaine in a police squad car and further stated, I got fuckin three

months left in the police department. Okay? Im trying to make whatever I can.

On or about April 7, 2015, defendant met with CS-1 and CS-2 to discuss the

planned transportation of narcotics. Defendant told CS-1 and CS-2 that he would use

a ruse with the MPPD to allow him to transport the cocaine. Specifically, defendant

stated that he would tell the MPPD that he was having an MRI done on his knee.

Defendant also stated that he planned to use a vehicle with law enforcement license

plates and that he would be wearing his police ballistic vest during the transportation

of narcotics. Defendant discussed with CS-1 and CS-2 that the transportation would

involve approximately 24 bricks of cocaine, which defendant understood to be a

reference to kilogram quantities of cocaine.

On or about April 9, 2015, defendant, while carrying a loaded Glock .45 caliber

handgun bearing serial number VD308 on his person, and driving a law enforcement

vehicle, went to a storage locker facility in Hanover Park, Illinois, where defendant

planned to obtain kilogram quantities of cocaine for transportation on behalf of CS-1

and CS-2. At the storage facility, defendant met with CS-1 and an undercover officer

(UC) posing as a narcotics courier. Defendant asked the UC, How much? The UC

responded, Five keys, which defendant understood to mean five kilograms of cocaine

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were ready for defendant to take. The UC and defendant then removed five brick-

shaped packages from a concealed compartment inside the UCs vehicle. The UC and

defendant placed the five brick-shaped objects into a bag. Defendant then took the

bag back to his law enforcement vehicle. Defendant intended to distribute the five

brick-shaped objects, which he believed to consist of approximately five kilograms of

cocaine, that defendant obtained.

Maximum Statutory Penalties

7. Defendant understands that the charges to which he is pleading guilty

carry the following statutory penalties:

a. Count One carries a maximum sentence of 40 years

imprisonment, and a statutory mandatory minimum sentence of five years

imprisonment. Pursuant to 18 U.S.C. 3561, defendant may not be sentenced to a

term of probation on this count. Count One also carries a maximum fine of

$5,000,000. Defendant further understands that with respect to Count One the judge

also must impose a term of supervised release of at least four years, and up to any

number of years, including life.

b. Count Two carries a maximum sentence of life imprisonment, and

a statutory mandatory minimum sentence of five years imprisonment. The sentence

of imprisonment on Count Two is required to be consecutive to any other sentence

imposed. Pursuant to 18 U.S.C. 3561, defendant may not be sentenced to a term of

probation on this count. Count Two also carries a maximum fine of $250,000.

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Defendant further understands that with respect to Count Two, the judge also may

impose a term of supervised release of not more than five years.

c. In accord with 18 U.S.C. 3013, defendant will be assessed $100

on each count to which he has pled guilty, in addition to any other penalty imposed.

d. Therefore, under the counts to which defendant is pleading guilty,

the total maximum sentence is life imprisonment, and the mandatory minimum

sentence is ten years imprisonment. In addition, defendant is subject to a total

maximum fine of $5,250,000, a period of supervised release, and special assessments

totaling $200.

Sentencing Guidelines Calculations

8. Defendant understands that in determining a sentence, the Court is

obligated to calculate the applicable Sentencing Guidelines range, and to consider

that range, possible departures under the Sentencing Guidelines, and other

sentencing factors under 18 U.S.C. 3553(a), which include: (i) the nature and

circumstances of the offense and the history and characteristics of the defendant; (ii)

the need for the sentence imposed to reflect the seriousness of the offense, promote

respect for the law, and provide just punishment for the offense, afford adequate

deterrence to criminal conduct, protect the public from further crimes of the

defendant, and provide the defendant with needed educational or vocational training,

medical care, or other correctional treatment in the most effective manner; (iii) the

kinds of sentences available; (iv) the need to avoid unwarranted sentence disparities

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among defendants with similar records who have been found guilty of similar

conduct; and (v) the need to provide restitution to any victim of the offense.

9. For purposes of calculating the Sentencing Guidelines, the parties agree

on the following points:

a. Applicable Guidelines. The Sentencing Guidelines to be

considered in this case are those in effect at the time of sentencing. The following

statements regarding the calculation of the Sentencing Guidelines are based on the

Guidelines Manual currently in effect, namely the November 2016 Guidelines

Manual.

b. Offense Level Calculations.

i. The base offense level is 30, pursuant to Guideline

2D1.1(a)(5) and 2D1.1(c)(5), because the total amount of narcotics involved was

approximately 6,004 grams of cocaine and approximately 3.7 grams of heroin, which

when converted to their marijuana equivalent under Application Note 8(D) results in

a quantity of approximately 1,204.5 kilograms of marijuana.

ii. There is a two-level increase, pursuant to Guideline

3B1.3, because defendant abused a position of public trust, namely, his position as

a law enforcement officer with the Melrose Park Police Department, in a manner that

significant facilitated the commission and concealment of the offense.

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 iii. Defendant has clearly demonstrated a recognition and

affirmative acceptance of personal responsibility for his criminal conduct. If the

government does not receive additional evidence in conflict with this provision, and

if defendant continues to accept responsibility for his actions within the meaning of

Guideline 3E1.1(a), including by furnishing the United States Attorneys Office and

the Probation Office with all requested financial information relevant to his ability to

satisfy any fine that may be imposed in this case, a two-level reduction in the offense

level is appropriate.

iv. In accord with Guideline 3E1.1(b), defendant has timely

notified the government of his intention to enter a plea of guilty, thereby permitting

the government to avoid preparing for trial and permitting the Court to allocate its

resources efficiently. Therefore, as provided by Guideline 3E1.1(b), if the Court

determines the offense level to be 16 or greater prior to determining that defendant

is entitled to a two-level reduction for acceptance of responsibility, the government

will move for an additional one-level reduction in the offense level.

c. Criminal History Category. With regard to determining

defendants criminal history points and criminal history category, based on the facts

now known to the government, defendants criminal history points equal zero and

defendants criminal history category is I.

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 d. Anticipated Advisory Sentencing Guidelines Range.

Therefore, based on the facts now known to the government, the anticipated offense

level is 29, which, when combined with the anticipated criminal history category of I,

results in an anticipated advisory sentencing guidelines range of 87 to 108 months

imprisonment, in addition to any supervised release and fine the Court may impose.

Defendant also acknowledges that he is subject to a statutory minimum sentence of

five years imprisonment on Count One, and a statutory minimum sentence of five

years imprisonment on Count Two, to be imposed consecutive to the sentence

imposed on Count One.

e. Defendant and his attorney and the government acknowledge

that the above guidelines calculations are preliminary in nature, and are non-binding

predictions upon which neither party is entitled to rely. Defendant understands that

further review of the facts or applicable legal principles may lead the government to

conclude that different or additional guidelines provisions apply in this case.

Defendant understands that the Probation Office will conduct its own investigation

and that the Court ultimately determines the facts and law relevant to sentencing,

and that the Courts determinations govern the final guideline calculation.

Accordingly, the validity of this Agreement is not contingent upon the probation

officers or the Courts concurrence with the above calculations, and defendant shall

not have a right to withdraw his plea on the basis of the Courts rejection of these

calculations.

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 10. Both parties expressly acknowledge that this Plea Agreement is not

governed by Federal Rule of Criminal Procedure 11(c)(1)(B), and that errors in

applying or interpreting any of the sentencing guidelines may be corrected by either

party prior to sentencing. The parties may correct these errors either by stipulation

or by a statement to the Probation Office or the Court, setting forth the disagreement

regarding the applicable provisions of the guidelines. The validity of this Agreement

will not be affected by such corrections, and defendant shall not have a right to

withdraw his plea, nor the government the right to vacate this Plea Agreement, on

the basis of such corrections.

Agreements Relating to Sentencing

11. Each party is free to recommend whatever sentence it deems

appropriate.

12. It is understood by the parties that the sentencing judge is neither a

party to nor bound by this Agreement and may impose a sentence up to the maximum

penalties as set forth above. Defendant further acknowledges that if the Court does

not accept the sentencing recommendation of the parties, defendant will have no right

to withdraw his guilty plea.

13. The parties further agree, pursuant to 18 U.S.C. 3583(d), that the

sentence to be imposed by the Court shall include, as a condition of any term of

supervised release imposed in this case, a requirement that defendant repay the

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United States $800 as compensation for government funds that defendant received

during the investigation of the case.

14. Defendant agrees to pay the special assessment of $200 at the time of

sentencing with a cashiers check or money order payable to the Clerk of the U.S.

District Court.

15. After sentence has been imposed on the counts to which defendant

pleads guilty as agreed herein, the government will move to dismiss the indictment

as to defendant.

Forfeiture

16. Defendant understands that by pleading guilty, he will subject to

forfeiture to the United States all right, title, and interest that he has in any property

constituting proceeds obtained directly as a result of the offense and property used in

any manner or part to commit or facilitate commission of the offense.

17. Defendant agrees to forfeiture of the specific property identified for

forfeiture in the superseding information. In doing so, defendant admits that the

property identified for forfeiture in the superseding information represents proceeds

defendant obtained as a result of the offense and property which facilitated the

offense, as alleged in the superseding information. Defendant consents to the

immediate entry of a preliminary order of forfeiture as to this specific property,

thereby extinguishing any right, title, or interest defendant has in it. If any of the

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specific property is not yet in the custody of the United States, defendant agrees to

seizure of that property so that it may be disposed of according to law.

18. In addition, defendant agrees to the entry of a personal money judgment

in the amount of $800, which represents the total amount of proceeds traceable to the

offense. Defendant consents to the immediate entry of a preliminary order of

forfeiture setting forth the amount of the personal money judgment he will be ordered

to pay.

19. Defendant admits that because the directly forfeitable property, other

than the specific property noted above, is no longer available for forfeiture as

described in 21 U.S.C. 853(p)(1), the United States is entitled to seek forfeiture of

any other property of defendant, up to the value of the personal money judgment, as

substitute assets pursuant to 21 U.S.C. 853(p)(2).

20. Defendant understands that forfeiture shall not be treated as

satisfaction of any fine, cost of imprisonment, or any other penalty the Court may

impose upon defendant in addition to the forfeiture judgment.

21. Defendant agrees to waive all constitutional, statutory, and equitable

challenges in any manner, including but not limited to direct appeal or a motion

brought under 28 U.S.C. 2255, to any forfeiture carried out in accordance with this

agreement on any grounds, including that the forfeiture constitutes an excessive fine

or punishment. The waiver in this paragraph does not apply to a claim of

involuntariness or ineffective assistance of counsel.

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 Acknowledgments and Waivers Regarding Plea of Guilty

Nature of Agreement

22. This Agreement is entirely voluntary and represents the entire

agreement between the United States Attorney and defendant regarding defendants

criminal liability in case 15 CR 189.

23. This Agreement concerns criminal liability only. Except as expressly set

forth in this Agreement, nothing herein shall constitute a limitation, waiver, or

release by the United States or any of its agencies of any administrative or judicial

civil claim, demand, or cause of action it may have against defendant or any other

person or entity. The obligations of this Agreement are limited to the United States

Attorneys Office for the Northern District of Illinois and cannot bind any other

federal, state, or local prosecuting, administrative, or regulatory authorities, except

as expressly set forth in this Agreement.

Waiver of Rights

24. Defendant understands that by pleading guilty he surrenders certain

rights, including the following:

a. Right to be charged by indictment. Defendant understands

that he has a right to have the charges prosecuted by an indictment returned by a

concurrence of twelve or more members of a grand jury consisting of not less than

sixteen and not more than twenty-three members. By signing this Agreement,

defendant knowingly waives his right to be prosecuted by indictment and to assert at

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trial or on appeal any defects or errors arising from the information, the information

process, or the fact that he has been prosecuted by way of information.

b. Trial rights. Defendant has the right to persist in a plea of not

guilty to the charges against him, and if he does, he would have the right to a public

and speedy trial.

i. The trial could be either a jury trial or a trial by the judge

sitting without a jury. However, in order that the trial be conducted by the judge

sitting without a jury, defendant, the government, and the judge all must agree that

the trial be conducted by the judge without a jury.

ii. If the trial is a jury trial, the jury would be composed of

twelve citizens from the district, selected at random. Defendant and his attorney

would participate in choosing the jury by requesting that the Court remove

prospective jurors for cause where actual bias or other disqualification is shown, or

by removing prospective jurors without cause by exercising peremptory challenges.

iii. If the trial is a jury trial, the jury would be instructed that

defendant is presumed innocent, that the government has the burden of proving

defendant guilty beyond a reasonable doubt, and that the jury could not convict him

unless, after hearing all the evidence, it was persuaded of his guilt beyond a

reasonable doubt and that it was to consider each count of the superseding

information separately. The jury would have to agree unanimously as to each count

before it could return a verdict of guilty or not guilty as to that count.

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 iv. If the trial is held by the judge without a jury, the judge

would find the facts and determine, after hearing all the evidence, and considering

each count separately, whether or not the judge was persuaded that the government

had established defendants guilt beyond a reasonable doubt.

v. At a trial, whether by a jury or a judge, the government

would be required to present its witnesses and other evidence against defendant.

Defendant would be able to confront those government witnesses and his attorney

would be able to cross-examine them.

vi. At a trial, defendant could present witnesses and other

evidence in his own behalf. If the witnesses for defendant would not appear

voluntarily, he could require their attendance through the subpoena power of the

Court. A defendant is not required to present any evidence.

vii. At a trial, defendant would have a privilege against self-

incrimination so that he could decline to testify, and no inference of guilt could be

drawn from his refusal to testify. If defendant desired to do so, he could testify in his

own behalf.

viii. With respect to forfeiture, defendant understands that if

the case were tried before a jury, he would have a right to retain the jury to determine

whether the government had established the requisite nexus between defendants

offense and any specific property alleged to be subject to forfeiture.

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 c. Waiver of appellate and collateral rights. Defendant further

understands he is waiving all appellate issues that might have been available if he

had exercised his right to trial. Defendant is aware that 28 U.S.C. 1291, and 18

U.S.C. 3742, afford a defendant the right to appeal his conviction and the sentence

imposed. Acknowledging this, defendant knowingly waives the right to appeal his

conviction, any pre-trial rulings by the Court, and any part of the sentence (or the

manner in which that sentence was determined), including any term of imprisonment

and fine within the maximums provided by law, and including any order of forfeiture,

in exchange for the concessions made by the United States in this Agreement. In

addition, defendant also waives his right to challenge his conviction and sentence,

and the manner in which the sentence was determined, in any collateral attack or

future challenge, including but not limited to a motion brought under 28 U.S.C.

2255. The waiver in this paragraph does not apply to a claim of involuntariness or

ineffective assistance of counsel, nor does it prohibit defendant from seeking a

reduction of sentence based directly on a change in the law that is applicable to

defendant and that, prior to the filing of defendants request for relief, has been

expressly made retroactive by an Act of Congress, the Supreme Court, or the United

States Sentencing Commission.

25. Defendant understands that by pleading guilty he is waiving all the

rights set forth in the prior paragraphs. Defendants attorney has explained those

rights to him, and the consequences of his waiver of those rights.

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 Presentence Investigation Report/Post-Sentence Supervision

26. Defendant understands that the United States Attorneys Office in its

submission to the Probation Office as part of the Pre-Sentence Report and at

sentencing shall fully apprise the District Court and the Probation Office of the

nature, scope, and extent of defendants conduct regarding the charges against him,

and related matters. The government will make known all matters in aggravation

and mitigation relevant to sentencing.

27. Defendant agrees to truthfully and completely execute a Financial

Statement (with supporting documentation) prior to sentencing, to be provided to and

shared among the Court, the Probation Office, and the United States Attorneys

Office regarding all details of his financial circumstances, including his recent income

tax returns as specified by the probation officer. Defendant understands that

providing false or incomplete information, or refusing to provide this information,

may be used as a basis for denial of a reduction for acceptance of responsibility

pursuant to Guideline 3E1.1 and enhancement of his sentence for obstruction of

justice under Guideline 3C1.1, and may be prosecuted as a violation of 18 U.S.C.

1001 or as a contempt of the Court.

28. For the purpose of monitoring defendants compliance with his

obligations to pay a fine during any term of supervised release to which defendant is

sentenced, defendant further consents to the disclosure by the IRS to the Probation

Office and the United States Attorneys Office of defendants individual income tax

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returns (together with extensions, correspondence, and other tax information) filed

subsequent to defendants sentencing, to and including the final year of any period of

supervised release to which defendant is sentenced. Defendant also agrees that a

certified copy of this Agreement shall be sufficient evidence of defendant=s request to

the IRS to disclose the returns and return information, as provided for in 26 U.S.C.

6103(b).

Other Terms

29. Defendant agrees to cooperate with the United States Attorneys Office

in collecting any unpaid fine for which defendant is liable, including providing

financial statements and supporting records as requested by the United States

Attorneys Office.

30. Defendant understands that, if convicted, a defendant who is not a

United States citizen may be removed from the United States, denied citizenship, and

denied admission to the United States in the future.

Conclusion

31. Defendant understands that this Agreement will be filed with the Court,

will become a matter of public record, and may be disclosed to any person.

32. Defendant understands that his compliance with each part of this

Agreement extends throughout the period of his sentence, and failure to abide by any

term of the Agreement is a violation of the Agreement. Defendant further

understands that in the event he violates this Agreement, the government, at its

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option, may move to vacate the Agreement, rendering it null and void, and thereafter

prosecute defendant not subject to any of the limits set forth in this Agreement, or

may move to resentence defendant or require defendants specific performance of this

Agreement. Defendant understands and agrees that in the event that the Court

permits defendant to withdraw from this Agreement, or defendant breaches any of

its terms and the government elects to void the Agreement and prosecute defendant,

any prosecutions that are not time-barred by the applicable statute of limitations on

the date of the signing of this Agreement may be commenced against defendant in

accordance with this paragraph, notwithstanding the expiration of the statute of

limitations between the signing of this Agreement and the commencement of such

prosecutions.

33. Should the judge refuse to accept defendants plea of guilty, this

Agreement shall become null and void and neither party will be bound to it.

34. Defendant and his attorney acknowledge that no threats, promises, or

representations have been made, nor agreements reached, other than those set forth

in this Agreement, to cause defendant to plead guilty.

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 35. Defendant acknowledges that he has read this Agreement and carefully

reviewed each provision with his attorney. Defendant further acknowledges that he

understands and voluntarily accepts each and every term and condition of this

Agreement.

AGREED THIS DATE: _____________________

JOEL R. LEVIN GREGORY SALVI

Acting United States Attorney Defendant

PATRICK M. OTLEWSKI MARK SUTTER

Assistant U.S. Attorney Attorney for Defendant

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